Miller, Diane M. (CDC/NIOSH/EID)

From: DanMcKeel2@aol.com

Sent: Monday, April 26, 2010 8:31 AM

To: pl.ziemer@comcast.net; melius@nysliuna.org; Katz, Ted (CDC/NIOSH/OD),;
jmauro@scainc.com, Hinnefeld, Stuart L. (CDC/NIOSH/OD); NIOSH Docket Office (CDC)

Ce: danmckeel2@aol.com; jwramspott@sbcglobal.net; patricia_coggins@sbcglobal.net;
Bill_Houlihan@durbin.senate.gov

Subject: GSI pro-SEC bullet points

To: Dr. Paul Ziemer, chair, and all members of the TBD-6000 work group

Dr. James Melius, ABRWH chair

All present members of the ABRWH including the four newest members added in 2010
Ted Katz, ABRWH DFO

Dr. Lewis Wade, head of the NIOSH 10 Year Review committee

Dr. John Mauro, SC&A

Stuart Hinnefeld, Acting Director DCAS/NIOSH

NIOSH PUBLIC DOCKET, e-mail: NIOCINDOCKET@CDC.GOV

CC: Pat Coggins, GS! SEC-00105 main petitioner
John Ramspott, GSI site expert
Bill Houlihan, IL Office of US Senator Dick Durbin
Dan McKeel, MD, GSI SEC-00105 co-petitioner

REASONS THE TBD-6000 WORK GROUP SHOULD RECOMMEND AN SEC FOR GSI AND THAT APPENDIX BB and
TBD-6000 NEED TO BE REVISED BY NIOSH:

1. TBD-6000 is still being evaluated; has no MCW ingot/dingot section, no uranium alloy section, no nondestructive testing
(NDT) radiography detailed guidance for dose reconstruction, and no thorium section. It needs urgently to be revised and
all denied claims based upon it should be reviewed and possibly reopened.

GSI site-specific Appendix BB also needs to be revised and has been so for years:

2. Unresolved 13 SC&A Findings for Battelle-NIOSH Appendix BB. The collective SC&A analysis was that GSI external
radiation doses had been grossly underestimated by NIOSH. This comment includes by reference all of GS! SEC-00105
co-petitoner McKeel's previous public comments at ABRWH meetings and the TBD-6000 work group transcripts, his
formal critique posted on the D/OCAS website, and comments to NIOSH théfeon. -

3. Unresolved 10 SC&A Findings for NIOSH SEC-00105 evaluation report.

The findings included review of two GSI cases with major technical errors. McKeel referred these cases through Ted
Katz DFO to the DR subcommittee. He has heard no results of this referral. One major finding by SC&A was that
NIOSH methods on ALL dose reconstructions were scientifically flawed. This finding in and of itself is sufficient for
the TBD-6000 work group and full board to recommend overturning NIOSH's recommendation to deny SEC-00105 and to
recommend the SEC be approved to the HSS Secretary.

« Another such case (' , DOL file number ) should be referred for review to the DR
Reviews subcommittee. This GSI burner worked in buildings 10 and 6 on Betatron activated castings. He developed lung
carcinoma, worked at GSI the entire 13 year AEC covered period 1953-1966 and longer, and had a POC = 49.14%.

, the son, has requested that DOL reopen his father's denied claim. One might expect that the substitution of
the 10/9/07 consensus average work week of 65 hours for the 46 hour work week at GSI used in Appendix BB alone
might bump the POC to the compensable point. Certainly inclusion of all new information McKeel has provided in NRC
FOIA 2010-0012 with respect to the Building 6 radiography facility radiologic survey by NCC in 1962 and the 23 SC&A
findings in its reviews of Appendix BB and the NIOSH evaluation report of SEC-105 should send this POC over 50%.

4, NIOSH lacks film badge data and uranium purchase orders 1953-1963. John Mauro has cited this as “the major
problem | see" at GSI, yet the work group has not acted upon this information. There is no remedy in sight. Again, the
Finding merits an immediate recommendation from the work group to the full Board to approve GS! SEC-00105.

5. NIOSH has no GSI direct neutron monitoring data of its own (SC&A and co-petitioner finding that NIOSH had not
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refuted).
6. NIOSH has not characterized all radiation source terms as mandated by OCAS-IG-003.

7. NIOSH has made no report on NRC 2010-00012 sealed source licenses for GSI that was obtained
by co-petitioner McKeel. NIOSH rejected paying to get this material from McKeel because of having to pay $140
shipping charges. These 1016 pages of documents provide definitive evidence of the following:
a) Asecond film badge program at GS! 1963 and perhaps earlier administered by Dr. William
Konneker and Nuclear Consultants Corp. (NCC) McKeel gave SC&A and TBD-6000 an NCC
film badge report provided to him by GSI isotope operator . in Nov. 2008.
b) Two Cobalt-60 and two Ra-226 sealed sources used in the GSI Bldg. 6 Radiography facility.
The Ra-226 sources employed the "fishpole technique” that NRC banned as too dangerous.
c) A 1969 80 Curie Co-60 source at GSI. The workers say this source was in use earlier.
d) A1962 NCC/Konneker radiation survey done in and around the GSI Bldg. 6 Radiography
facility. Published and repeated in the GSi 1963-73 C-60 license applications.
e) Steady interaction and involvement of IL Dept. of Health in GSI AEC radiation safety program
that NIOSH, SC&A or the Board knew nothing about prior to McKeel obtaining these
documents.
NIOSH thus far has provided no report to the Board or TBD-6000 work group on their analysis of this material. Dr. McKeel
in a few days after receipt provided the index to 37 document packets in the NRC FOIA material, and he provided a
NIOSH PUBLIC DOCKET comments that was posted weeks ago. NRC has since posted all of this material in unredacted
form as they gave it to Dr. McKeel, on an NRC website. Board and work group members are therefore in a position to
analyze this crucial information directly. McKeel believes that SC&A should review this NRC 2010-0012 material, yet the
Board and work group have not tasked SC&A to do so. Co-petitioner asks this tasking be done as soon as possible.

8. NIOSH has spent months without reporting on its contract with Landauer to determine the contents of a single file
cabinet of "Picker X-ray" completely uncharacterized documents.

9. NIOSH has refused to update Appendix BB since Rev 0 was released in June 25, 2007. This unjustified refusal to add
voluminous new material provided by the petitioners, site experts and GSI workers and claimants has been extremely
detrimental (i.e., has been claimant adversarial) to GSI workers. A concerted campaign is now underway by GSI workers,
claimants, advocates with McKeel's assistance and encouragement to reopen all GSI claims that have been denied by
DOL based on dose reconstruction and an assigned POC of less than 50.0%.

10. McKeel SEC-105 Findings on Appendix BB, the NIOSH SEC-105 evaluation report, on the 1016 pages of NRC 201-
00012 FOIA materials, and on several white papers have not been adequately considered in dispute resolution on the
same documents. Only NIOSH and SC&A findings have been duly considered by the Board. The co-petitoner concerns
are scientifically valid and deserve to be addressed in a thorough and comprehensive manner by the TBD-6000 work
group, the Board and SC8&A should be tasked to expedite this effort.

11. | McKeel's presentation to the Board in February 2009 at the time NIOSH presented its recommendation to deny was
not posted to the PUBLIC DOCKET as he requested.

42. McKeel FOIA requests to CDC and DOE have been inadequately addressed and the answers often delayed way
beyond the statutory "20 business days plus 10." Improper redactions have been cited by SEC-105 co-petitioner McKeel
and some have been reversed but not by any means all of them.

+ HHS OGC heavily redacted the McKee! NRC-2010-0012 FOIA index and PUBLIC DOCKET comments thereto, even
though NRC, acting on the same Privacy Act law, redacted NOTHING.

+ The latest improper redaction was by NIOSH OGC was the redaction of the names of Dan McKee! and John Ramspott
on page 122, lines 6-9, of the 3/19/10 transcript of the Worker Outreach work group chaired by Mike Gibson. (a copy of
this segment is attached to this message) John Mauro was

commenting that McKee! and Ramspott had contributed massive amounts of new GSI data, and that them doing so
reflected poorly on NIOSH's failure to discover much of this material. Ramspott and McKeel have requested the Outreach
chair reverse these redactions that McKeel believes represent censorship.

13. Throughout all of the GSI deliberations, NIOSH has steadfastly refused to ask DOL to invoke the Section 7384w
subpoena power of EEOICPA. The latest example are IL Open Records/FOIA requests GSI co-petitioner McKee! made
to Illinois Dept. of Public Health (IDPH) and to IL Emergency Management Agency (IEMA) regarding GS! radiation device
records fro 1953 to 1973. IDPH FOIA officer Johnson said his Department had turned over its records to IEMA. Traci
Burton, IEMA General Counsel office FOIA officer, stated they had no such records. These responses are not open and
transparent and McKeel does not believe these agencies are acting in good faith. In fact, their responses over time

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indicate just the opposite. Neither FOIA officer at IDPH or IEMA explicitly said they once did or did not have specific GSI
radiation device records that were required by IL law since 1957 (copy supplied by McKeel, Ramspott to NIOSH and the
Board). Co-petitioner McKeel again requests NIOSH and/or the Board request DOL employ Section 7384w to obtain
these records that TBD-6000 chair Dr. Paul Ziemer stated on the record would be very valuable to have and examine.

The GSI SEC-00105 co-petitioner McKeel requests this message be circulated to all present Board members. He further
requests this communication be posted as a PUBLIC DOCKET COMMENT to TBD-6000, NIOSH GSI Appendix BB and
the NIOSH SEC-00105 evaluation report on the DCAS website at URL: www.cdc.gov/niosh/ocas (or dcas).

--DanMcKeel 4/26/2010

Daniel W. McKeel, Jr., MD

GSI SEC-105 co-petitioner

Southern Illinois Nuclear Workers (SINEW)
Phone: 573-323-8897

Fax: 573-323-0043

E-mail: danmckeel2@aol.com

US Mail: P.O. Box 15, Van Buren, MO 63965-0015